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floor of the Federal Courthouse Building located at 350 S. Main <br />Street, Salt Lake City, Utah. The Motion requests approval of a <br />settlement of a District Court case between the parties. This <br />Motion supersedes that certain Trustee's Motion (02/05/93) For an <br />Order Approving Settlement Agreement between The Colorado & <br />Wyoming Railway Company and Frank J. Villa, Jr. <br />Villa brought the action against CiW under the Federal <br />Employers' Liability Act, 45 U.S.C. $ 51, et seQ., alleging that <br />he sustained certain injuries as a result of C6W's negligence. <br />On January 26, 1993, Villa filed with the United States <br />Bankruptcy Court for the District of Utah, Central Division, a <br />proof. of claim in the amount of $200,000.00 predicated upon the <br />personal injury claim in the District Court case. <br />Villa, former president of The Colorado and Wyoming <br />Railway Company, alleges that he suffered injuries to his head, <br />neck and spine as a result of being thrown against a steel wall <br />located in the interior of the locomotive that Villa was <br />attempting to ready for service when another locomotive made a <br />hard coupling with Villa's locomotive. At the time of the <br />accident, Villa was 57 years old. Up to this point in time, <br />Villa has not undergone any surgery to repair the alleged <br />injuries; however, future surgery may be needed. <br />The parties have agreed to settle the matter, with C&W <br />making a payment of $62,500.00 to Villa in consideration for <br />-2- <br />